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SENATE SQUABBLE JEOPARDIZES AUSTERLITZ LAND SALE
Mike McCagg
ccSCOOP News
06-25-09 – 11:40 a.m. - The State Assembly on Tuesday approved the sale of two acres of park land in the Town of Austerlitz to the Austerlitz Fire Company, but the state Senate’s leaderhip struggle has put the issue on hold. The land would be used to construct a new Austerlitz fire station.
An aide to Assemblyman Marc Molinaro (R-Tivoli) told ccSCOOP on Tuesday that the Assembly had approved the home rule legislation Monday evening. For the legislation to take effect, however, the Senate must pass corresponding legislation which, during normal times, would occur as a matter of course, but with the State Senate in chaos after a coup by a coalition of Republicans and rogue Democrats, no legislation has gone before that body in more than two weeks.
A special session was ordered for Tuesday afternoon by Governor David A. Paterson, but the bill, which is labeled a priority in the Senate, was not among the bills taken up by the Senate in Tuesday, an aide to Senator Stephen Saland (R-Poughkeepsie) reported. "That doesn't mean it that it's not going to come up for a vote," she said. In fact, the aide confirmed that the legislation was considered very important by Saland and would be put forward once the Senate leadership debate is resolved.
Even if it had been approved on Tuesday, it was not clear if the vote would have been valid. Senators and their lawyers are debating the legality of the legislation enacted during the special session in which Democrats had passed 14 bills and Republicans had passed 85.
Enabling legislation on the land sale is required because the two acres the Town wants to sell to firefighters is designated as park land. The sale is considered “alienation of park land,” and that requires state approval.
While Town Board member MaryAnne Lee said the Town would be willing to give the land to the fire company, it is legally bound to sell municipal property at fair market value. The value of the two acres that will be sold to the fire company has been determined to be $23,000, she said.
Austerlitz Fire Company Captain David Savage has said the new firehouse is needed to replace an outdated, too small facility. He said the truck bays are too small to accommodate newer fire trucks. The existing Austerlitz fire station was constructed in 1954 and expanded in the 1970s.
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Savage said design of the new station is in the very early stages. The first step, he said, is the purchase of the land and that will be followed by designing the new station and fundraising.
In addition to the two acres being acquired from the Town, the fire company will also acquire .66 acre owned by the Austerlitz Board of Fire Commissioners, which owns the existing station and the land on which it stands. The new station will be constructed and owned by the fire company.
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